Court Affirms Summary Judgement, Finds No Compensable Asbestos Disease Present

PHILADELPHIA -- A Court of Appeals has affirmed summary judgment to defendants, finding that the plaintiffs' 'long list' of physical ailments made it impossible to causally relate the injuries to asbestos exposure. Summers v. Certainteed Corp., No. 3651 EDA 2003; Nybeck v Union Carbide, No. 3652 EDA 2003 (Pa. Super. Ct.).

In the Aug. 25 opinion, the Pennsylvania Superior Court opined that shortness of breath alone is not a compensable injury, as it 'is associated with so many other non-asbestos related ailments.'

Plaintiffs Frederick Summers and Richard Nybeck appealed an award of summary judgment granted to the asbestos defendants named …